Acts of Non-State Armed Groups and the Law Governing Armed Conflict

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The recent conflict in Lebanon, occurring between a state and a non-state armed opposition group on the territory of a state that has not itself taken up arms, raises distinct challenges for interpretation of international law related to armed conflict. One point of particular complexity is whether the acts of Hezbollah can be attributed to Lebanon, Syria or Iran. Rather than trying to answer such a question in the absence of sufficient facts, this ASIL Insight will outline the general rules of attribution, and then focus on the major implications a finding of attribution would have on the application of international law related to armed conflict: i.e. the separate legal regimes of jus ad bellum (concerning the legality of a resort to armed force) and the jus in bello (concerning conduct during an armed conflict).

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